Thoughts on Life, Love, Politics, Hypocrisy and Coming Out in Mid-Life

Friday, January 25, 2013

Will President Obama Deliver on Gay Rights?

Less than 24 hours after his inaugural speech which gave the impression that he supported nationwide marriage rights for same sex couples, Barack Obama was backtracking and reiterating that marriage is a matter which needs to be left to the states. Of, course, in states like Virginia dominated at the state legislative level by knuckle dragging Christofascists, that means LGBT couples will have zero marriage rights for the foreseeable future. But then again, Obama had secured the money and LGBT votes needed to carry Virginia on November 6th, so why should he worry about our fate after that? A column in The Daily Beast looks at the issue of whether or not Obama will actually try to deliver on gay rights, or if the inaugural speech was simply pretty words that in the grander scheme meant nothing. Here are excerpts:

When Martin Luther King Jr. spoke to the March on Washington in 1963, he used an interesting metaphor. He called “the magnificent words of the Constitution and the Declaration of Independence ... a promissory note to which every American was to fall heir.” King said he and the hundreds of thousands gathered on the Mall were there “to cash a check.”

In his second inaugural address, on the day we honor Dr. King, President Obama issued a promissory note of his own. “Our journey is not complete,” he declared without equivocation or reservation, “until our gay brothers and sisters are treated like anyone else under the law, for if we are truly created equal, then surely the love we commit to one another must be equal as well.”

But almost before his words had finished resonating across the National Mall, his press secretary was walking them back. The president, he told reporters, personally supports gay marriage. But the legality of gay marriage itself? “That’s something that should be addressed by the states.” Of course, states determined the legality of interracial marriage for decades, and so the marriage of the president’s parents was illegal in 19 states. We rightly look back at that time with horror, just as our children will look back on today, when 30 states have enshrined discrimination against gays into their constitutions.

But gay-rights activists are looking for quick movement on many fronts, for there is much our president must do to honor his new promissory note:

Join the lawsuit against Proposition 8. The voters of California amended their constitution to prohibit same-sex marriage. A remarkable and brave young gay activist, Chad Griffin, who now leads the Human Rights Campaign, has spearheaded an effort to overturn the action as a violation of the U.S. Constitution’s guarantee of “equal protection of the laws.” Longtime gay-rights activist and former Clinton White House official Richard Socarides is optimistic that the Obama administration will join the lawsuit. “My own view,” he says, “is that the Justice Department and the White House press office are just catching up with the rhetoric of the speech and that the government will in the end enter the Proposition 8 case on the side of gay-rights advocates. They certainly should.”

Use his power to order federal contractors not to discriminate against their gay employees. In 1941 FDR signed an executive order prohibiting any defense contractor from discriminating based on race, creed, color, or national origin. It took 23 years for Congress to enshrine this principle in the Civil Rights Act. President Obama supports the Employment Non-Discrimination Act, but instead of waiting for Congress to act he should use his constitutional power to end taxpayer-subsidized discrimination against gays.

Make sure gay military spouses have the same rights and privileges as straight military spouses. This president and our remarkable first lady have done admirable work shining a light on the service and sacrifice of our nation’s true top 1 percent—the 1 percent of Americans who serve in the military—and their families. Being a military spouse is tough enough; gay spouses should not be denied benefits earned by their loved one’s service.

This president has evolved significantly on gay rights, but he has a distance to go still. If he does not move quickly and decisively, the White House mailroom may soon be filled with stones, to remind him of the promise of Stonewall.

I for one will not be holding my breath. Every time Obama manages to make me feel like he truly cares about gay Americans, he then quickly does something to show me that he's actually a cynical politician. It would be nice to be proven wrong on this assessment this time around.

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Out gay attorney in a committed relationship; formerly married and father of three wonderful children; sometime activist and political/news junkie; survived coming out in mid-life and hope to share my experiences and reflections with others.
In the career/professional realm, I am affiliated with Caplan & Associates PC where I practice in the areas of real estate, estate planning (Wills, Trusts, Advanced Medical Directives, Financial Powers of Attorney, Durable Medical Powers of Attorney); business law and commercial transactions; formation of corporations and limited liability companies and legal services to the gay, lesbian and transgender community, including birth certificate amendment.

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